APPENDIX  B

407
law—which  would  have  to  be  gone  into  thoroughly,  so  that  he
applied  that  pleadings  should  be  delivered  in  the  usual  way,  and
that  his  Lordship  should  fix  a  date  on  which  he  had  to  deliver  his
statement  of  claim.
Mr.  White-Cooper,  in  reply  to  his  Lordship,  said  he  had
nothing  to  say.  The  defendants  simply  held  the  goods  as  warehousemen, ­
  and  if  the  plaintiffs  set  up  a  better  title  to  them
than  the  Holland  China  Trading  Co.,  they  would  deliver  to  them.
At  present  the  defendants  had  no  interest  in  the  subject-matter
of  the  goods  except  as  warehousemen.
His  Lordship—And  you,  Mr.  White-Cooper,  have  an  undertaking ­
  that  any  costs  you  may  be  put  to  will  be  paid  by  the
plaintiffs  ?
Mr.  White-Cooper—Yes.
His  Lordship—Won’t  this  case  have  to  be  fought  out  in
another  Court  ?
Mr.  White-Cooper—As  far  as  one  can  see,  the  contract  would
appear  to  be  governed  by  Dutch  law.
His  Lordship  granted  the  application  for  pleadings,  the
statement  of  claim  to  be  filed  within  fifteen  days.
The  Court  then  rose.

Shanghai,  September  20,  1906
Before  Sir  Havilland  de  Sausmarez,  Judge,  and  Messrs.  T.
Grayson  {foreman),  F.  W.  Rawsthorne,  W.  E.  Blades,
T.  H.  W.  Charnley,  G.  W.  Noel,  D.  C.  Kerr,  G.  C.  Dew,
V.  H.  CANNING,  G.  H.  RENDALE,  W.  FLEMING  ÏNGLIS,
James  Jones,  and  G.  R.  Barry  (Jurors)
Rex  V.  Peter  Sydney  Hyndman
Peter  Sydney  Hyndman,  bookkeeper,  was  charged  that  on
September  1  feloniously,  wilfully,  and  of  malice  aforethought,
he  did  kill  and  murder  Harry  Smith.
When  formally  charged,  prisoner,  in  a  low  voice,  pleaded
“  not  guilty.”
*****
Addressing  the  prisoner  his  Lordship  said  :  Peter  Sydney
Hyndman,  you  have  been  convicted  of  the  crime  of  manslaughter.
The  jury  have  taken,  I  am  glad  to  say,  a  lenient  view  of  your
conduct  on  this  occasion.  They  thought  that  the  provocation  to
which  you  were  subjected  so  wrought  on  your  emotions  and  your
feelings  that  for  the  moment  your  will  was  suspended,  and  that
the  intent  which  would  be  presumed  from  your  acts  did  not  exist.
At  the  same  time  I  cannot  but  help  feehng  that  you  were  more